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Al-Bayyinah
Published by Institut Agama Islam Negeri Bone
ISSN : 19797486     EISSN : 25805088     DOI : https://doi.org/10.35673/al-bayyinah.v1i2.20
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mengundang para peneliti, dosen, praktisi hukum, mahasiswa, dan masyarakat umum untuk mempublikasikan hasil penelitiannya di Jurnal Al-Bayyinah. Jurnal Al-Bayyinah merupakan Jurnal Nasional terbitan Fakultas Syariat dan Hukum Islam Institut Agama Islam Negeri Bone yang fokus pada kajian; Hukum Islam, Hukum Keluarga Islam, Hukum Ekonomi Islam, Hukum Tata Negara Islam dan kajian sosial, budaya, adat yang dihubungkan dengan hukum Islam. Jurnal Al-Bayyinah yang telah diakses oleh Kementerian Riset, Teknologi, dan Pendidikan Tinggi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
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Search results for , issue "Vol. 7 No. 2 (2023): Al-Bayyinah" : 9 Documents clear
Arab Sunni-Wahhâbism and Shia Iran: From Sectarian Conflict, to the Domination of the Gulf Region Zaenuri, Ahmad; Irfan, Ahmad
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.4721

Abstract

Discussions regarding the conflict between Saudi Arabia and Iran in the Middle East have always been framed as a sectarian conflict between Sunni-Wahhābism and Shia. The study data presented in this article provide a distinct, exhaustive empirical picture. This study aims to present a conceptual framework for the relationship between religious theology in Islam (Sunni Wahhābi and Shia-ism) and the competitive conflict in the Gulf region, the struggle for dominance in the Middle East region, as a variable for the protracted conflict between Saudi Arabia and Iran, and to predict the future of relations between the two countries following the foreign policy of Muhammad bin Salman. A review of the discussion employing an inductive library research methodology. To generalize a deviation from purely accidental phenomena. In order to analyze this topic in greater depth, the author borrows theory from Max Weber regarding the protestant ethic and spirit of capitalism by placing religion as a belief system and state conflict as a structure of social group action. This study's findings assume that the issue of Sunni-Shia sectarianism is religious propaganda used to win the hegemonic competition in the struggle for territory and dominance in the Gulf region of the Middle East. Before the reign of Muhammad bin Salman, this condition had not changed substantially. In Weber's framework, there has been a distinction known as "ethical inter-minism" between two ethics. On the one hand, the structure of moral ethics is founded on the moral values of Sunni and Shia Islam. But on the political side, moral responsibility confronts the obligation to maintain the disintegration of the nation and state, which is a means to wage war.
Escalation of Divorce Petitions in Bone Regency: Examining Divorce Cases in the Religious Court Class 1A in Watampone Darliana, Darliana; Misbahuddin, Misbahuddin; Aidit, Hasyim
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.2604

Abstract

The escalation of divorce lawsuits has become a significant problem that must be addressed. The high number of divorce cases is clear evidence that the purpose of marriage is not being achieved. It is urgent to pay attention to the strong reasons for the occurrence of divorce lawsuits, as this can form the basis for policy-making, particularly concerning the concept of a strong bond in marriage. This research aims to understand the indicators of the causes of divorce lawsuits and to investigate the consequences and control of those involved in divorce cases. The study is a qualitative descriptive field research with juridical, normative theological, and sociological approaches. The data management used includes data reduction, data presentation, and drawing conclusions. The data analysis results depict a substantial escalation of divorce lawsuits in The Religious Court Class 1A in Watampone over time, with a higher incidence of divorce lawsuits compared to divorce by talak. The factors influencing divorce lawsuits in the Religious Court include moral factors, causing harm, underage marriage, ongoing disputes, biological defects, lack of harmony, all supported by situations of "inability" and "unwillingness" to fulfill rights and obligations in marriage. Divorce lawsuits have a negative impact on both parties and their descendants. Psychologically, it affects the children and the wife, socially it affects the husband and wife due to their status as widows and widowers, and economically it affects the wife's finances, which were previously supported by the husband.
The Truth of the Deed of Granting Liability Rights to Lawyers That Isn't Genuine Positive Legal Perspective in Indonesia Noor, Aslan; Kurnia, Agnes Adila; Dwika, Mohamad Bima; Fauzy, Farid Ahmad; Anugrah, M Reza
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5615

Abstract

Mortgage Rights are security rights imposed on land rights, the granting of Mortgage Rights is always followed by a Deed of Granting Mortgage Rights (APHT), APHT regulates the terms and conditions regarding the granting of Mortgage Rights from debtors to creditors in connection with secured debts by Mortgage Rights. The Certificate of Enforcing Mortgage Rights (SKMHT) based on Article 15 paragraph (1) of the UUHT is one of the processes in granting Mortgage Rights made by Notaries and PPATs by following the applicable provisions by their positions. This research uses the juridical-normative method and descriptive-analytical research specifications. The results of the research on the validity of APHT based on the non-authentic SKMHT are that the Notary in making SKMHT must be based on the UUJN, while the PPAT in making SKMHT is based on PerKaban Number 8 of 2012. In practice, the Notary still makes SKMHT based on PerKaban Number 8 of 2012 and fills in the blank/format provided by the National Land Agency. so that the authenticity of the SKMHT made by the Notary disappears and the proof is less than perfect, if this happens, the SKMHT made by the Notary causes no legal consequences or null and void APHT which becomes an accessory agreement.
The Concept of Restorative Justice in Criminal Procedure Law through The Rehabilitation Process: Integrated Assessment at The National Narcotics Agency of Bone Regency Muljan, Muljan; Nawawi, Jumriani
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5226

Abstract

The study discusses the "Concept of Restorative Justice in Criminal Procedure Law through Rehabilitation Process by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency." The research aims to: identify the essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, describe the implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, and analyze the integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency. This research employs a qualitative approach with legislative, case, and conceptual approaches located at the National Narcotics Agency of Bone Regency, with doctors and the rehabilitation section of BNNK Bone as the sources of information, who are part of the integrated assessment team. The data used are primary data obtained through interviews, observation, and documentation. The research findings indicate that: (1) The essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency is rooted in the protection of the health and social life of drug abusers specifically and society in general. (2) The implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency complies with regulations, but there are still some challenges, including ambiguous regulations, law enforcement officers' paradigm towards rehabilitation, and inadequate rehabilitation facilities; (3) The integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency can be applied to related criminal law courses through sub-topics in the semester lesson plan, especially regarding narcotics offenses.
Divorce Outside the Religious Courts in the Citereup Bogor Community Septiani, Rina; Maulidini, Putri; Taufiq, Arif
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5642

Abstract

The divorce regulations that apply in Indonesia are stated in article 39 of the 1974 Law (1). Divorce only can done in front hearing Court after the relevant Court tried and was unsuccessful reconcile second both parties. (2). For do divorce must Enough reason that between husband the wife will not live in harmony as husband and wife. (3). System method divorce in front hearing Court in set in   regulation separate legislation. However, this regulation does not apply to the entire community of Citereup which still adheres to Islamic Sharia law where divorce pronounced by a husband to a wife wherever the law is valid falls under divorce. The research method used is qualitative research based on field research which is oriented towards interviews, observation and documentation in order to obtain clear and accurate data. The results of the research are that the public's perception regarding divorce carried out outside the Religious Courts is that it is legal, the causal factors are: Lack of legal awareness in the community, costs are considered too burdensome for the parties to divorce, divorce procedures in the Religious Courts are considered complicated by the community. The impacts felt by society include: Divorce that has no legal force, difficulty in officially remarrying, unequal distribution of responsibilities.
Legitimacy of Marriage Dispensation in Religious Courts based on The Law, Judges' Considerations, and Case Decisions Pasondong, Udin; Fachrurrazy, Muhammad; Yusmad, Muammar Arafat; Beddu, Rahmawati
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.4239

Abstract

He age limit for marriage in Indonesia has brought changes to the regulation of the marriage age recognized by the state. The previous marriage law (UU No.1/1974) was reformulated into a new policy setting (UU No.16/2019) regarding marriage in Indonesia. This impacts the legitimacy of resolving legal cases of early marriages that occur, whether they are called early marriages, due to changes in statutory provisions or other problems of marrying by accident by taking legal action called marriage dispensation. Existing studies that respond to the issue of marriage dispensation tend to discuss changes or regulations on marriage dispensation after the birth of new regulations, apart from that, existing studies do not consider marriage at an early age as a legal problem that requires careful legal review. To fill this gap, this study focuses on what questions are the factors that cause requests for marriage dispensation, how judges consider making marriage dispensation decisions and a description of the fairness of legal certainty in decisions on marriage dispensation cases. To answer this question, qualitative research was carried out on the statements of judges in religious courts and observing the results of court case decisions to get a comprehensive picture of the application of age regulation in marriage and the reasons why there are requests for marriage dispensation in court.  From this research it was found that a marriage dispensation is a legal decision made based on the conditions of changes in the age limit in the Marriage Law and the conditions of young couples who are requesting permission to marry. Early marriage factors are caused by various things, data describing family factors, economic factors, and customary factors are the aspects that most influence someone marrying at an early age. The contribution of this research lies in the synchronization between laws, judges' considerations, and case decisions related to marriage dispensations to find harmony between legal norms and social reality.
Functions and Authorities of the Regional Notary Supervisory Council in Improving Notary Service Standards in South Sulawesi Paikah, Nur
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5248

Abstract

This study aims to analyze  the function  and authority  of the Regional  Notary Supervisory Board in improving notary service standards in South Sulawesi. This research uses a descriptive analysis method with a qualitative approach through case studies in South Sulawesi. Data were obtained through in-depth interviews with  members  of  the  Regional  Notary  Supervisory  Board,  notaries,  and  other related parties. The results of this study indicate that the Regional Notary Supervisory  Board  has an important  role in supervising  and improving  notary service standards in the region. The value of local wisdom of Bugis Sipakatau, sipakalebbi, and sipakainge is the underlying spirit as well as the novelty of this research. The authorities possessed by the Regional Notary Supervisory Board, such as making ethical guidelines, supervising the behavior of notaries, and enforcing discipline, significantly contribute to increasing the integrity and professionalism of notaries in South Sulawesi. The study found that the board has important roles, like creating ethical guidelines, monitoring notary behavior, and enforcing discipline. It also identified challenges in carrying out these duties. Overall, the research helps us understand how the Regional Notary Supervisory Board enhances notary services in South Sulawesi. Nonetheless, challenges in the implementation of duties and authorities were also identified in this study.
The Problem of Waqf Land Legality in Sarmi Regency: A Sociological Perspective of Law Ilyas, Muhammad; Huda, Mifathul; Faisal, Faisal
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.4326

Abstract

The problem of legality and management of waqf land in the midst of Muslim community life in the realm of praxis, often triggers case problems, such as the withdrawal of the waqf land, the seizure of waqf land and others. This study intends to identify factors of ineffective regulation on waqf land certification in Sarmi District, Papua Province. This qualitative study is empirical legal research. SoerjonoSoekanto's theory of legal effectiveness became the theory of subject matter analysis. Data collection through observation techniques, interviews and documentation. Meanwhile, data analysis uses data reduction, presentation, and verification techniques. The results of this study show that the ineffectiveness of regulations related to certification of various waqf lands in Sarmi Regency is caused by the views of the community which is a weak legal culture, including the view that there will be no waqf land disputes, the view of the difficulty of the waqf land certification process, the view of the Wakf Pledge Deed as the legality of waqf land. The theoretical implications and novelty of this study emphasize that to realize the effectiveness of the implementation of waqf land certification, massive and comprehensive socialization is needed related to understanding of the waqf land certification program and waqf land management management. The limitation of this study is that it has not examined the role of Islamic religious leaders in Sarmi Regency regarding the waqf land certification program.
Legal Defect of Verstek Decision with Invalid and Proper Summons in the Context of Civil Procedure Law Nurfaizah, Hartika; Sholehudin, Miftahus
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5464

Abstract

The summoning process delivered in the form of a summons to the parties involved is the initial stage of the trial which must be carried out legally and properly to ensure justice takes place. This research seeks to examine the new concept of procedural law related to the form as well as the validity and properness of a summons after the issuance of PERMA No. 7 of 2022 as well as the legal consequences of the decision of the panel of judges who have committed unprofessional conduct by deciding the verstek case Number 908/Pdt.G/2023/PA.Bkl even though the summons was not carried out valid and properly. This type of research is normative juridical using a case and legislative approach and primary legal material is taken from decisions and secondary legal material from literature and research journal articles. The results showed that cases filed electronically were summoned by registered letter through the intermediary of a courier service provider that could not only be received by the party concerned but could also be received by adults living in the same house, receptionists, and local security officers. If the registered letter is returned to the court with a statement that the address is not found, the next mechanism is carried out through a public summons. Therefore, Decision Number 908/Pdt.G/ 2023/PA.Bkl which was rendered by verstek is null and void due to a legal defect in the summoning process which was not carried out in accordance with number 10 of SEMA Number 1 of 2023 and does not meet the requirements to be declared verstek. All rights of the defendant must be protected through a carefully issued decision because not all parties can understand the legal process, especially since this decision will only be canceled if it is submitted for annulment by the defendant because this case is in the civil realm.

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